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Saturday, August 12, 2017

( August 11, 2017, Colombo, Sri Lanka Guardian) Sri
Lankan President’s statement that no party or group can form a
Government without his “blessings”, even if it is shown that the
opposition has 113 members – which is an uphill task – may lead to a
constitutional crisis and confrontation in the current political
turmoil. Nothing could be ruled out based on the current uncertain
trends when Bribery, Corruption, Inefficiency in small and large scales ,
growing as breath for the disappointed of the citizen living with
expectations for a “Change” and “Good Governance”. President’s statement
was prompted by number of statements by the opposition claiming change
of the government by “changing heads” as under Article 33(1) of the
Constitution (amended by the 19th amendment) that the Parliament cannot
be dissolved for a period of four and half years akin to the infamous
referendum of 1983 extending the parliament for a further period of 6
years without a general election which paved the groundwork for the
uprising that lasted over thirty years. Referendum was made a part of
the “Supreme Law” by the 4th Amendment to the Constitution by article
2(e) which states “unless sooner dissolved the first Parliament shall
continue until 4th August 1989….”. Similarly under Article 4 of the 19th
Amendment the life of the Parliament is extended by four and half years
where the President can hold on to power without dissolving the
parliament whatever the circumstances amounting reintroduction of ta
similar referendum from the back door, is as undemocratic as the
referendum by H.E. J.RJayawardena. Ironically it is the present Prime
Minister Hon Ranil Wickramasinghe who played a major role in the
referendum in 1983 won under controversial circumstances which is still
in the public domain. Extension of the life of an elected Parliament end
of the period is the most undemocratic act by a group of Honourable
Trustees of the people appointed to govern the country as trustees for a
limited period which today amounts to Executive and Parliamentary
dictatorship. President’s blessings in the present context is a
controversial statement when he is answerable to the Parliament as an
impartial umpire in the head of the State claiming to be impartial and
democratic claiming to be ruled under good governance. In addition to
the legal basis of the mood and the expectations agitations of the
citizen in general are to be considered seriously based on the future
ground situation and circumstances. Sadly the government is finding ways
and means to postpone/avoid elections due on local and provincial
elections due soon in the guise of 20th Amendment to the Constitution.

Direct and Indirect Powers of the President

President is given direct and indirect powers under the constitution,
conventions, practices and political manoeuvring as the leader/head of
the government cabinet and, a political party in which he is the
president with enormous powers including expulsion of members with least
effort. Direct powers of the President are set out in Article 33(1) in
Article 5 of the amended 19th Constitution to summon prorogue and
dissolve Parliament, Appointment of the Prime Minister/Ministers, Chief
Justice/other judges, Appointment of Ambassadors/High Commissioners and
other powers vested by Article 33. He is the head of the State, a member
and head of the Cabinet, and a member of the legislator with no power
to vote. Though it was argued his powers are curtailed and limited, he
appoints six members of the constitutional Council that appoints high
posts are appointed by the President thereby he still holds power over
appointments indirectly. It is a known secret of the existence telephone
influencing with promises and undertakings. He still enjoys immunity
from criminal or civil proceedings under Article 35 (1) (amended) of the
19th amendment. Current President has opted to be the Chairman of the
Sri Lanka Freedom Party which lacks democracy as in any other political
party in Sri Lanka where the Members of Parliament are at the mercy of
the party dictatorship headed by the President of the party with
enormous powers. President appoints the Prime Minister – Article 42(4)-
among members of the Parliament, a person who, in the President’s
opinion, is most likely to command the confidence of the Parliament, and
again the President in consultation with the Prime Minister determine
the member of Cabinet and assignment of subjects and functions – 43(1)-,
Appoints National Procurement Commission, ( 156b), Appointment of the
Police Commission Article 38(1), Appointment of the Ombudsman, National
Police Commission (38-1), Auditor General (35 – 153a), Appoint other
Ministers and Deputy Ministers, and assigns to himself Defence, Mahawali
Development, and Environment along with all other responsibilities,
assignment and duties. Just after the 8th January victory the President
appointed Hon. Ranil Wickramasinghe as the Prime Minister with a
minority government of 67 members, whilst the former Prime Minister was
still holding the office and the Chief Justice his Lordship Mohan Peiris
was removed merely by letter a from the Secretary to the President both
acts are undemocratic and unconstitutional.

Legal basis and Morality

Above analysis is the legal basis of the issues with is brewing
vigorously in the absence of periodic elections the electorate is early
awaiting for. Despite series of serious accusations previous regime
conducted 29 elections at the maturity of the life of provincial and
local bodies. It is unfortunate the rulers have not learnt bitter
lessons and dangerous consequences of not holding periodic elections
in/during 1982 that led to the JVP uprising in 80’s and LTTE terrorism
that ruined the nation over three decades. Electorate should not feel
that they are denied of the basic democratic rights of franchise used
and enjoyed successfully since independence in an exemplary way for
decades/generations. If the electorate is claiming /demanding a change
forcible suppression in any way will lead to anarchy and loss of
confidence. It will be an enormous task for the opposition to mobilise
113 Members of Parliament for a Change considering the privilege’s and
perks enjoyed by the legislature they embrace with great care
irrespective party politics or any other differences. Everybody enjoys
glory power and the unlimited financial benefits protecting the mafia at
any cost until the last moment to earn for generation before forced
out. There is a move for approval of 715 million for the travel expenses
of the \members of parliament for the month of June is a fraction of
the massive burden of the citizen. Ravi Karunanayaka’s resignation is
stage managed to protect the real culprits and a fraction of massive
corruptions. Suppression the will/wish of the citizen on technicalities’
or President powers will not be a vice step as it may explode to
unexpected magnitude, which could only be avoided by holding periodic
and impartial elections by the Executive President who is still
enormously powerful.

Executive dictatorship and /or Parliament Dictatorship (popularly known as the Parliament Mafia)

Dictatorship is a form of government in which a country is ruled by one
person or by polity and power is exercised through various mechanisms in
order to ensure the countries power remains strong. Power of the
President is well centralized despite the hastily and haphazardly
approved the 19th amendment tailor made for the President and Prime
Minister by Article 17(1) and Article 51 introducing restrictions on the
most popular opponents akin to the removal of civic rights of Madam
Bandaraneike after 1977 victory. She was the most powerful and winning
contender over H. E. J .R Jayawardena whose rights was supressed for
JR’s victory. Taking Defence, Mahawili and Environment under President
under 19th amendment is a tailor made changes to the Constitution to
benefit the President Sirisena and Prime Minister who was unsuccessful
in 29 elections compelled to dissolve the parliament prematurely on a
technicality during then President Madam Kumaratunga Bandaraneike. Sri
Lankan Parliament consists of 225 members enjoying privileges, and perks
unparalleled to any other parliamentarians anywhere in the world. They
are paid high salaries, salaries for staff, housing, insurance,
extremely cheap food and transport in addition to the vehicle permits
they sell illegally with enormous profits. The privileges and perks are
accruing unlimited and all the members are united in enhancing perks and
privileges though fight tooth and nail on all other matters. Both
referendums the Parliament voted with no hesitation in addition to the
17th, 18th and 19th Amendments to the Constitution which is hastily and
haphazardly drafted legislation which has muddled the constitution as a
pickle. Every member has a craze for expensive vehicles and the public
action case instituted by an activist lawyer Mr Naganande Kodithuwakkue ,
that 100 Parliamentarians have sold their car permits illegally at a
loss of 3.1 billion to the citizen. When Mrs Dilrukshi Wickramisinghe
was confronted she has taken up the position it is the government
policy, though principles of the “Lichchavi” good Governance is
otherwise. At the courts the Attorney General has undertaken to initiate
legal proceedings, no steps have been taken so far. These hundred are
those who are exposed when all or most others including the leaders of
parties and those holding high positions have enjoyed the benefits.
Others are no angles with skeletons on their cupboards. There is a weak
opposition of 16 MP’s whose mandate is to look after the North and East
voting with the government in the Parliament and supporting then at
every turn. The situation has worsened with the undemocratic political
parties with enormous disciplinary powers over the members in the
parliament.

Now that all political parties have joined together to jealously guard
and protect their benefits at any cost, it is hard for a split group and
to mobilize 113 members for a change.

Constitutional Crisis in the Making

Major Constitutional changes are due with the appointment of a Public
Representation Committee for a new constitution and Committees in the
Parliament despite number of schools of other schools of thoughts that
the constitution should be amended without going for a new Constitution
due to most controversial issues on Religion, Devaluation, Unitary
nature of the State and provisions on Reconciliation when the citizen is
more interested on water and electricity cuts, drought, after effects
of the floods, blast at the Army, Uma Oya, cost of living and Hambantota
agreement with a private Chinese Company and plans of sale allegations
of sell off of family silver. Proposed 20th amendment to hold the
provincial elections on the same day and not holding elections of the
provincial and local councils as scheduled is a dangerous move and
motivated with ulterior motives to postpone elections they are scared to
face. It appears that the government intends postponement elections due
to unpopularity and other scandals that have made issues complicated.
Would these unwise steps ease the tension or explode is a matter left to
the citizen and the political activists. We wish and pray the Trustees
of the Nation be wise rulers.